Clinton N. and Naomi K. Bohannon - Page 12

                                                  12                                                    
                                               OPINION                                                  
            A.    Whether Petitioner Had A Sufficient Basis in Bob Wade Ford                            
                  To Claim Losses From the Corporation in 1988 and 1989                                 
                  1.    Petitioner's Basis in Bob Wade Ford in 1988 and 1989                            
                  Petitioner was the sole shareholder of Bob Wade Ford, a                               
            subchapter S corporation in 1988 and 1989.  Petitioners deducted                            
            losses of Bob Wade Ford under section 1366(a).  To be entitled to                           
            deduct the losses, petitioners must show that Bob Wade Ford                                 
            sustained losses in the relevant years and that petitioners had a                           
            basis in Bob Wade Ford in 1988 and 1989 at least equal to the                               
            amount of the losses.  Sec. 1366(d)(1).                                                     
                  A shareholder's deduction of losses from a subchapter S                               
            corporation is limited to his or her adjusted basis in (a) stock                            
            in the corporation and (b) debt owed by the corporation to the                              
            shareholder.  Sec. 1366(d)(1).  A taxpayer's share of any S                                 
            corporation loss in excess of his or her adjusted basis may be                              
            carried over indefinitely.  Sec. 1366(d)(1) and (2).  A loan from                           
            a shareholder to an S corporation increases the shareholder's                               
            basis if the shareholder makes an economic outlay and directly                              
            incurs the indebtedness.  Sec. 1366(d)(1)(B); Harris v. United                              
            States, 902 F.2d 439, 442-443 (5th Cir. 1990); Estate of Leavitt                            
            v. Commissioner, 875 F.2d 420, 422-423 (4th Cir. 1989), affg. 90                            
            T.C. 206 (1988); Hitchins v. Commissioner, 103 T.C. 711, 714-715                            
            (1994); Underwood v. Commissioner, 63 T.C. 468, 476 (1975), affd.                           
            535 F.2d 309 (5th Cir. 1976).  A loan from a shareholder's wholly                           





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